RAMADHAR YADAW Vs. STATE OF C G

JUDGEMENT

(1.) This is the first application filed under Section 439 of CrPC for grant of bail to applicants-accused who have been arrested on 31.3.2014 in connection with Crime No. 554/2013 registered at Police Station - Kasdol, Distt. Balodabazar-Bhatapara, for the offences punishable under Section 307 read with Section 34 of IPC as well as under Sections 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. As per the prosecution, on 26.12.2013, the applicants-accused along with their father, Duiaruwa, aged about 80 years, entered into the house of the complainant Smt. Bartanin Bai @ Uma and assaulted her and her husband with lathi and tangia. On account of the said attack, the injured persons received multiple injuries on their body. Subsequently, an FIR was lodged on 27.12.2013 and the applicants-accused were arrested on 31.3.2014 and since then they are in jail.

(2.) According to the learned counsel for the applicants, complainant Smt. Bartanin Bai @ Uma and her husband Mahadeva Chauhan are habitual offender and are in a regular habit of setting of fire on the crops standing in the fields and that it was not just of the present applicants whose crops are burnt but also there are a large number of cases against the husband of the complainant that he has set of fire on the standing crops of the field of different farmers of the area. Learned counsel for the applicants further submits that if we look into the medical report in the charge-sheet, it would show that all the injuries which are sustained by the injured persons are by a hard and blunt object and that no injuries were caused in any vital part of their body. Counsel for the applicants also submits that from the record it shows that the injured persons were also negligent in their medical treatment as they have left the hospital against the medical advice.

(3.) Learned counsel for the State, however, opposing the bail application on the ground that there are a large number of injuries on the body of the injured persons and, therefore, taking into consideration the seriousness of the injuries caused to them, the applicants-accused may not be released on bail.